CV-316 — Clerk's Entry of Default

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NOTE: This document is issued by the Clerk of Superior Court after reviewing the CV-315 Application. Attorneys typically prepare a proposed form for the Clerk to review, sign, and enter into the record.

01 CASE INFORMATION

File No. *

County *

Division

Plaintiff *

Defendant *

02 SERVICE VERIFICATION

Date Service Completed *

Date 30-Day Response Period Expired (auto-calc)

Service Method *

Service Was Proper and Sufficient Under G.S. 1A-1, Rule 4 *

03 DEFAULT FINDINGS

Any Responsive Pleading Filed by Defendant? *

Date of Clerk's Review *

04 CLERK INFORMATION

Clerk's Name *

Date of Entry *

Clerk's Title

SELECTED COUNTY

— Select above —

WHAT IS THE CLERK'S ENTRY?

This is the Clerk's official act confirming that the defendant is in default
Generated after the Clerk reviews the CV-315 Application and verifies that service was proper and 30 days have elapsed
Once entered, the case proceeds to the Motion for Default Judgment (CV-317)
Defendant may still answer and move to set aside default even after this entry

AFTER ENTRY IS ISSUED

Send a certified copy to defendant at last known address — not required but good practice
File the Motion for Default Judgment (CV-317) promptly
If the case involves a claim for unliquidated damages, a hearing will be required
Defendant can move to set aside default under Rule 55(d) for "good cause" — act without delay

DEFAULT PROCEDURE SEQUENCE

CV-315 Application for Entry of Default — filed by Plaintiff
CV-316 This form — issued by Clerk ← YOU ARE HERE
CV-317 Motion for Default Judgment — filed by Plaintiff
CV-318 Order for Default Judgment — signed by Judge/Clerk

STATUTORY REFERENCE

G.S. 1A-1, Rule 55(a)Entry of default

G.S. 1A-1, Rule 4Service requirements

G.S. 1A-1, Rule 55(d)Set aside for good cause